Ongoing conflict in parts of the Middle East has left some UK employees unable to return home as planned. Flight cancellations, closed borders and security concerns can all result in staff being unexpectedly stranded abroad. For employers, this creates a range of immediate HR, operational and legal considerations. While the appropriate approach will vary between businesses, employers should act consistently, reasonably, and in line with contractual and statutory obligations.
Holiday Leave and Pay
Employees who are already on annual leave when they become stranded abroad will, in most cases, remain on holiday leave until their scheduled return date.
However, practical questions arise where the employee cannot travel home on time:
Can employees extend holiday leave?
Yes. Many employers permit staff to extend their paid annual leave to cover additional days abroad. This is straightforward but may not be sustainable where the delay is lengthy or where annual leave balances are low.
Converting extra days into unpaid leave
Where paid holiday is not available—or the employer prefers to avoid depleting leave entitlements—businesses may agree to treat the additional period as unpaid leave. This should be confirmed in writing so that expectations around pay are clear.
Can statutory holiday be reclaimed?
Under UK law, statutory holiday generally cannot be recredited unless the employee becomes sick during their booked leave. Travel disruption does not usually entitle an employee to reclaim statutory holiday.
Unpaid Leave as a Temporary Solution
If paid holiday is not appropriate, employers may offer authorised unpaid leave.
Key considerations include:
- Ensuring the arrangement is recorded in writing
- Clarifying whether benefits (e.g., pension contributions) continue during the period
- Being consistent with other staff in similar circumstances
- Considering whether extended unpaid leave has implications for continuity of employment (usually only affected after long absences)
Unpaid leave can offer the employee certainty while protecting the business from unexpected payroll costs.
Remote Working Where Possible
Employers should consider whether the stranded employee can work remotely until they are able to return home.
Assess role suitability
Not all roles are compatible with remote working, but where tasks can be performed using a laptop and secure internet access, remote work may be a practical solution.
Security and data protection
Employers should ensure that:
- The employee has access to secure systems
- Confidential information is protected
- Any location‑specific risks (e.g., unstable internet or local restrictions) are appropriately managed
Working hours and local conditions
Time‑zone differences may require flexibility on working hours. Employers should also take into account local curfews, communication outages or safety concerns that may prevent consistent working.
Where remote working is viable, it allows the employee to remain productive and avoids the need to classify the absence as unpaid or extended leave.
Supporting Employee Wellbeing
Being stranded during a conflict can be distressing. Employers have a duty to safeguard the wellbeing of their staff so far as reasonably practicable.
Consider:
Regular check‑ins
Managers should maintain reasonable communication to ensure the employee is safe and supported.
Employee Assistance Programmes (EAP)
Where available, employees should be reminded of access to counselling or support services.
Sensitivity and flexibility
The employee may be dealing with anxiety, logistical challenges or personal safety concerns. A sensitive and flexible approach is likely to result in better outcomes for both employer and employee.
Key Takeaways for Employers
- Act reasonably and consistently across your workforce
- Review contracts and policies on remote working, holiday, and unpaid leave
- Document any agreements on extended holiday, unpaid leave or remote work
- Prioritise wellbeing, recognising the exceptional circumstances
- Keep communication open, clear and supportive
If you’d like support with managing stranded employees, reviewing your policies, or navigating pay and leave entitlements, Aaron & Partners’ Employment Team can help you assess your options and implement appropriate measures.
Paul Hennity
Employment Law Partner
Paul is a Partner in our Employment Law team, currently dividing his time between our Chester and Wirral offices.